Terms of Service ("Terms")
Last updated: August 18th, 2016
PLEASE READ these Terms of Service ("Terms", "Terms of Service") carefully before using the https://www.attendize.com website or any of its products ("Service", "Product", "Software", "Platform", "Website") operated by Attendize ("us", "we", or "our").
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
- Licence shall mean the licence granted by Attendize according to this Agreement.
- Licensee shall mean the company, person or organization holding a licence and contracting party to this Agreement.
- Licence Fee shall mean the fee payable to Attendize for utilization of the Software in accordance with the Licence.
- Developer shall mean an authorized person designated by You to perform Development Activities.
Attendize is dual-licence software. You are free to use Attendize under the terms of the Attribution Assurance Licence (AAL). The AAL licence requires any installation of Attendize to prominently display a "Powered By Attendize" hyperlink on any and all public facing web pages. This hyperlink must direct to http://www.attendize.com.
Alternatively, if you wish to remove any and all reference to Attendize you must purchase a white-label licence.
Licensees may choose one of the following white-label licence types:
- Standard Licence
- Extended Licence
- SAAS Licence
Each licence has a specific set of terms which can be found at: www.attendize.com/licence.php.
A SAAS Licence can only be acquired after terms have been agreed by Attendize and licensee.
Licence fees are a one time payment based on Attendize's current licence price list. All fees are clearly displayed on Attendize's website and do not includes sales tax.
If Attendize is required to pay any sales, use, property, excise, value added, gross receipts, withholding or other taxes levied on the Software or support under this Agreement or on Your use thereof, then such taxes shall be billed to and paid by You. This Section does not apply to taxes based on Attendize's net income, franchise taxes or Attendize’s employer contributions and taxes.
You understand that Attendize uses third-party paying agents to process selected payments. You understand that until payments are received and verified by the paying agent, this Agreement is not valid.
The License Fee is valid only for the current major version of the Software (1.x, 2.x, etc.), and all its minor updates. A new major release requires the Licensee to renew their License. Attendize may offer a significant discount for License renewal upon a major release.
Attendize shall provide support for a period of 365 for any SAAS licence. This support shall come into effect once full payment has been received. Support shall be limited to electronic messaging and online documentation.
Attendize shall make all attempts to respond to support requests within forty-eight (48) hours, however, this response time is not guaranteed.
Support requests shall refer only to questions related to Attendize and does not include questions related to other programming languages, frameworks or operating systems.
Attendize is not in any way obliged to perform bug fixing or custom development activities as a result of a Support Request.
If the Licensee's support period has ended, a Licensee may opt to extend the support period either by (i) renewing the licence (purchasing the same type of licence), in which case Licensee receives a 30% discount, or by (ii) purchasing a different licence that includes support, in which case the discount is not applicable.
If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases.
Attendize is available free of charge under the AAL licence, therefor licensees should evaluate the Product before purchasing a white-label licence. Attendize allows 24 hours to inspect your purchase and to determine if it does not meet with the expectations laid forth by the seller. In the event that you wish to receive a refund, Attendize will issue you a refund and ask you to specify how the product failed to live up to expectations.
Links To Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by Attendize.
Attendize has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Attendize shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
Limitation Of Liability
In no event shall Attendize, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Attendize its subsidiaries, affiliates, and its licencors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
These Terms shall be governed and construed in accordance with the laws of Ireland, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
No Warranties; Exclusion of Liability; Indemnification
OUR WEBSITE IS OPERATED BY Attendize ON AN “AS-IS,” “AS-AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, Attendize SPECIFICALLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT FOR OUR WEBSITE AND ANY CONTRACTS AND SERVICES YOU PURCHASE THROUGH IT. Attendize SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF OUR WEBSITE, FOR CONTRACTS OR SERVICES SOLD THROUGH OUR WEBSITE, FOR YOUR ACTION OR INACTION IN CONNECTION WITH OUR WEBSITE OR FOR ANY DAMAGE TO YOUR COMPUTER OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH OUR WEBSITE. YOUR USE OF OUR WEBSITE AND ANY CONTRACTS OR SERVICES ARE AT YOUR OWN RISK. IN NO EVENT SHALL EITHER Attendize OR THEIR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OUR WEBSITE, CONTRACTS AND SERVICES PURCHASED THROUGH OUR WEBSITE, THE DELAY OR INABILITY TO USE OUR WEBSITE OR OTHERWISE ARISING IN CONNECTION WITH OUR WEBSITE, CONTRACTS OR RELATED SERVICES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. IN NO EVENT, SHALL Attendize’ LIABILITY FOR ANY DAMAGE CLAIM EXCEED THE AMOUNT PAID BY YOU TO Attendize FOR THE TRANSACTION GIVING RISE TO SUCH DAMAGE CLAIM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. WITHOUT LIMITING THE FOREGOING, Attendize DO NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THE WEBSITE IS ACCURATE, COMPLETE, RELIABLE, USEFUL, TIMELY OR CURRENT OR THAT OUR WEBSITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR. YOU AGREE THAT ALL TIMES, YOU WILL LOOK TO ATTORNEYS FROM WHOM YOU PURCHASE SERVICES FOR ANY CLAIMS OF ANY NATURE, INCLUDING LOSS, DAMAGE, OR WARRANTY. Attendize AND THEIR RESPECTIVE AFFILIATES MAKE NO REPRESENTATION OR GUARANTEES ABOUT ANY CONTRACTS AND SERVICES OFFERED THROUGH OUR WEBSITE. Attendize MAKES NO REPRESENTATION THAT CONTENT PROVIDED ON OUR WEBSITE, CONTRACTS OR RELATED SERVICES ARE APPLICABLE OR APPROPRIATE FOR USE IN ALL JURISDICTIONS.
Copyrights & Trademarks
Unless otherwise noted, all materials including without limitation, logos, brand names, images, designs, photographs, video clips and written and other materials that appear as part of our Website are copyrights, trademarks, service marks, trade dress and/or other intellectual property whether registered or unregistered (“Intellectual Property”) owned, controlled or licenced by Attendize. Our Website as a whole is protected by copyright and trade dress. Nothing on our Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Intellectual Property displayed or used on our Website, without the prior written permission of the Intellectual Property owner. Attendize aggressively enforces its intellectual property rights to the fullest extent of the law. The names and logos of Attendize, may not be used in any way, including in advertising or publicity pertaining to distribution of materials on our Website, without prior, written permission from Attendize. Attendize prohibits use of any logo of Attendize or any of its affiliates as part of a link to or from any Website unless Attendize approves such link in advance and in writing. Fair use of Attendize’s Intellectual Property requires proper acknowledgment. Other product and company names mentioned in our Website may be the Intellectual Property of their respective owners.
- We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.
- Before or at the time of collecting personal information, we will identify the purposes for which information is being collected.
- We will collect and use personal information solely for fulfilling those purposes specified by us and for other ancillary purposes, unless we obtain the consent of the individual concerned or as required by law.
- Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.
- We will protect personal information by using reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.
- We will make readily available to customers information about our policies and practices relating to the management of personal information.
- We will only retain personal information for as long as necessary for the fulfilment of those purposes.
If you have any questions about these Terms, please contact us.